Plugmystore.com Terms of Service Plugmystore.com

effective from the 01/01/2015

This document was translated from from the french document “Conditions générales de services et d’utilisation du service Plugmystore.com” available at this link for user’s understanding convenience only. The French version prevails in case of misunderstanding or dispute


1st ARTICLE. LEGAL NOTES

1.1. Editor

You are currently connected to Plugmystore.com, edited by Plugmystore.com, SAS, share capital 57500€, Registry of Commerce of Nancy: 794 540 542, head office: 17 rue Stanislas, 54000 Nancy, France, phone number: +33 (0)1 79 97 40 00, email: contact@plugmystore.com, intra-Community VAT No. FR 92 794540542, head of the publication and managing editor: Léonard GUILLAUMONT

1.2. Hosting Provider

The Website is hosted by Amazon Web Services, Inc., head office: P.O. Box 81226, Seattle, WA 98108-1226, United States

2nd ARTICLE. DEFINITIONS

« Subscription » : Clients have the right of temporary access to the Software.
« Client » : Any natural or legal person governed by public or private law, registered on the Website.
« Data » : Information or data of any nature created or transmitted by the Client while using the Software and which the Client is and remain the owner.
« Internet user » : Any natural or legal person governed by public or private law, connecting to the Website.
« License » : Subscription which determines the availability of the Software to the Client.
« Software » : Computer program available in SaaS mode edited by Plugmystore.com, allowing the access to an online solution to develop the Client’s activity for the online retailing of Products including particularly, the publishing services of Products in online sales platforms or sponsored and prices comparison. The Software is available for Clients under the terms of License.
« Plugmystore.com » : Plugmystore.com SAS, is the editor of the Website.
« Product » : goods sold by the Client.
« Website » : Website accessible at the URL Plugmystore.com, as well as subsites, mirror sites, portals and URL variations related to these.

3rd ARTICLE. SCOPE OF APPLICATION

The Website is open access and free for any Internet user. The navigation on the Website suppose the acceptance of these terms by any Internet user. The mere connection to the Website will consider as accepted the complete present terms.
During the subscription on the Website, this acceptance will be confirmed by ticking the box corresponding to the following sentence: “ I have read and accepted the Terms of Service”. The Internet user also recognizes having fully acknowledged and accepted it without restrictions.
The fact of ticking the aforementioned box will have the same value as an handwritten signature from the Internet user. The Internet user recognizes the value of proofs provided by the automated recording system of Plugmystore.com and except bringing the contrary proof he renounces to object it in case of dispute.
The present Terms are applicable to the relationships between the parties excluding any other conditions and particularly those of the Internet user’s.
L'The acceptance of the present Terms acknowledges that the Internet users are fully entitled to the legal capacity necessary for that. If they are not competent, they must have an authorization from a guardian or a trustee. If they are minors, the legal representatives must agree. If they act on the behalf of a moral person, they must be in possession of a mandate.

4th ARTICLE. DESCRIPTION OF SERVICES

4.1. Purpose of the Website

The Website has the purpose of supplying the Software to the Client. The way the Client uses the Software are set by the Subscription chosen by the Client.

4.2. Web hosting and Safety

Plugmystore.com undertakes to guarantee, in favour of the Client, the hosting of the Software and Data.
The web hosting includes :
- monitoring of the server ;
- monitoring of the well function of the infrastructure needed for the hosting.

4.3. Access to the Software

In this context, Plugmystore.com undertakes that the Client can connect to the Software at any time, except during the maintenance periods.

4.4. Maintenance du Logiciel

Subject to the provisions of the 5th article of these present Terms, Plugmystore.com commits to ensure the well function of the Software. Plugmystore.com undertakes to implement safety rules, Data backups and appropriate checks needed for the Sofwtare’s maintenance.
For this purpose, Plugmystore.com consistently carries out a backup of Client’s Data for the past 15 days, as well as incrementals backups every 5 minutes which allows to restore the last modifications done by the Client. However, the Client remains the sole responsible of his Data, the Software obviously allowing him to save it locally. The responsibility of Plugmystore.com couldn’t be engaged in case of loss of these Data by the Client.
Generally, during the whole period of the contract’s validity, Plugmystore.com commits itself to ensure the performances and functionalities agreed, as well as the service’s quality announced on the Website.

5th ARTICLE. CLIENTS’ OBLIGATIONS

5.1. Information

The Client declares having received, from Plugmystore.com, all the appropriate explanations and details, enabling him to use the Software under the present contract, particularly available on the website en.wiki.plugmystore.com.
The Client recognizes that his needs and the Software suggested by Plugmystore.com are in line and that he has subscribed to the contract knowingly and disposing of all information necesary to provide a free and informed consent.
The Client undertakes to inform Plugmystore.com of any circumstances likely to impact the execution of the present contract immediately when he becomes aware of it.

5.2. Authorizations and declarations

The Client is the sole responsible of authorizations and declarations related to the Software’s use.
The Client declares that he holds of rights and authorizations necessary for this purpose. If need be, the Client declares having done before all needed proceeds, such as requests for authorizations and administrative declarations.
The lack of such declarations and authorizations could never call into question the validity of the present contract. The Client will notably remain bound to pay to Plugmystore.com the License corresponding to the Software ordered.
The Client garantees Plugmystore.com against any Legal action that could be undertaken against it, in case of lack of such declarations and athorizations.

5.3. Use of the Software

The Client undertakes to use the Software in accordance with the main purpose of the present contract and to respect the instructions of Plugmystore.com concerning the setup and the maintenance of the Software.
The Client commits to specifically not use the Software in a way to:
- affect in any way the rights, the reputation, the private life, the rights or to the someone’s image ;
- be disparaging, defamatory, affect the image or the reputation of a brand or any kind of natural or physical person, in any manner ;
- have statements, and/or broadcast contents of pedophile character ;
- affect the safety or integrity of a State or a territory, of any kind ;
- allow third party to procure hacked softwares, serial number of softwares or any software that can harm or affect, in any manner, to the rights or goods of third parties ;
- affect the intellectual property rights of any people ;
- encourage hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia , to glorify war crimes or crimes against the humanity ;
- encourage to commit a crime, an offence, or a terrorist act ;
- encourage the discrimination of a person or a group of people due to its ethnic or racial affiliation or their sexual orientation, gender identity or its disability ;
- advice a questionable practice or fraudulent.
Any illegal or a generally non-authorized use of the Software will cause the removal of the Client’s account, notwithstanding for Plugmystore.com any possibility of legal action, particularly claim for damages and losses.

5.4. Products Sales

The Client is sole responsible for Products and its sales. He undertakes not to sell illegal Products or violate the rights, particularly of property or intellectual property of any third party. He guarantees, within this frame, Plugmystore.com against any legal action, complaint, claim or opposition from any third party invoking a property right. Consequently, in case of dispute, the Client will bear the full costs related to the dispute, including the additional legal costs.

In order to use the Software, the Client will primarily have to open some seller accounts to the different online selling Platforms.

The Client understands and accepts that some Data are required by the sales channels and that Plugmystore.com won’t be able to create them. These Data will have to be supplied by the Client, they will have to be unique, and when required, automated.

6th ARTICLE. SUBSCRIPTIONS

6.1. Subscription membership

As part of the Subscription membership, the Client will have to give his billing information. The Client will be able to check the chosen Subscription, as well as its price and length. If his order suits him, he will be able to validate it.
Then, the Client will be invited to make the payment being redirected on the secured payment interface.

6.2. Commitment period

The Subscription will come into effect from the payment collection by Plugmystore.com of the payment corresponding to the Client. The commitment period is the one mentioned on the Website the day of the order.
The Subscription is concluded for an indefinite period. At the expiry of the period, it will be reproduced tacitly. Once the commitment period expired, the parties will each have the possibility to cancel the Subscription without prior notice.

6.3. Anticipated cancellation of the Subscription

In case of failure from the Client to any of the clauses of these Terms, Plugmystore.com will be able to cancel, by right, the Subscription and suspend the access to the Client’s account without court judge intervention. The cancellation of the Subscription due to the Client’s fault is without prejudice of the possible damages-losses to which Plugmystore.com could pretend from the Client’s failure.

7th ARTICLE. PRICES - PAYMENT

7.1. Prices

7.1.1. Flat rate price

Assuming the purchase by the Client of a Subscription at flat rate price, the prices are the same as those displayed in the Website the date of the order. These prices can be modified at any moment by Plugmystore.com. The prices displayed are only valid at the time of the purchase and they may not carry on for the future.
Unless it is differently indicated the day of the order, the prices indicated on the Website are in euros, excluding taxes.

7.1.2. Commissions
7.1.2.1. Event triggering the commission

Assuming the purchase by the Client of a commission based Subscription, this last one is due by the Client to Plugmystore.com for each sale of Products resulting from the use of the Software by the Client apart from “CMS” sales channel on the retail website of the Client operated on its domain name.

7.1.2.2. Amount of the commission

The rate of Plugmystore.com’s commission is indicated to the Client on the Website when he purchases a Subscription.
The calculation of the commissionby Plugmystore.com is equal to the Product price, all taxes and shipping fees included, at the day of the order by the final customer.

7.2. Payment terms

The Client can pay by credit card and bank transfer. Payments by credit card are done by means of secured transactions supplied by Paysite-cash.
As part of payments by credit card, Plugmystore.com doesn’t have any acces to any data related with the payment methods of the Client. The payment is directly done between banking establishments.
As part of payments by bank transfer, the deadlines for implementation of the Software only starts when Plugmystore.com receives the payment.
Bank transfers in EUR must be addressed to :
Plugmystore.com SAS
IBAN - FR76 153 5005 0008 0028 8890 979
BIC / SWIFT - CEPA FRPP 513

7.3. Invoicing

7.3.1 Flat rate price

Plugmystore.com will address or make available to the Client an invoice via electronic means after each payment. The Client accepts specifically to receive invoices via electronic means.

7.3.2. Commission based price

Plugmystore.com will address to the Client, the corresponding invoice via electronic means.
The Client will have to settle the invoice immediately once he receives it.

7.4. Payment failure

The pre-defined payment dates can’t be delayed under any excuses, even if there is a dispute.
Any unpaid amount on the expiry date will automatically, by right, without prior notice, cause the application of late penalty fees calculated on the base of a rate equal to 3 times the legal interest rate, without prejudice to the payability of the amounts due in first place.
Furthermore, any payment delay will cause the invoicing to the Client defaulting of recovery costs of an amount of EUR 40.00. The immediate requirement of all the amounts remains due no matter the deadlines, with a price increase of 20% of the amount under penal clause, as well as the possibility to cancel unilaterally the contract due to Client’s fault.

8th ARTICLE. COMPLAINT - CANCELLATION - GUARANTEE

The customer service of the Website is available from Monday to Friday, from 9:00 to 18:00 at this following non-premium number: +33 (0)1 79 97 40 00, by e-mail at: contact@plugmystore.com or by regular mail at the address indicated in the 1st article of these present Terms. In both cases, Plugmystore.com undertakes to provide an answer within two business days.

9th ARTICLE. PERSONAL ACCOUNT

9.1. Creation of the personal account

The creation of the personal account is an essential prerequisite to any order of an Internet user on the Website. For this purpose, the Internet user, will be invited to provide some personal information. Some of these information are essential to create a personal account. The refusal by a Client to provide these information will cause the impossibility to create a personal account, as well as, incidentally, the validation of the order and the use of the Software.
When creating the personal account, the Internet user is invited to choose a password. This password establishes the guarantee of confidentiality of the information contained in the personal account. The Internet user must prohibit himself from telling it or transmitting it to a third party. If such thing happens, Plugmystore.com can not be held responsible for unauthorized access to an Internet user’s personal account.
The Client, undertakes to proceed to a regular verification of data which concern him and make the changes and actualizations needed from his personal account..

9.2. Content of the personal account

The personal account allows the Client to use the back office of the Software, so that he can manage his interfaces with other e-shops, marketplaces, comparators and affiliation systems.
Plugmystore.com undertakes to preserve securely all contractual elements which preservation is required by the law or by the relevant legislation.

9.3. Cancellation of the personal account

Plugmystore.com his reserving the right to delete the account of any Client who breach the present Terms, particularly while the Client provides inaccurate, incomplete, misleading or fraudulent information, as well as while the personal account of a Client would have remained inactive since at least a year. This cancellation won’t form a fault or a damage for the excluded Client, who won’t receive any compensation for that.
This exclusion is without prejudice from the possibility for Plugmystore.com to take legal actions against the Client, when the facts have been proving it.

10th ARTICLE. THE NEWSLETTER OF PLUGMYSTORE.COM

By ticking the appropriate box or giving expressly their agreement for that, the Internet users accept that Plugmystore.com can provide them, at a frequence and form they will determine, a newsletter that could contain information related to its activity.
When the Internet user gives expressly his agreement, he accepts to receive commercial offers from Plugmystore.com for products and services analogs to ones presented on the Website. The Internet users who subscribed will be able to unsubscribe to the newsletter clicking on the link provided for this purpose, which is present on each newsletters..

11th ARTICLE. PARTNERS’ NEWSLETTERS

The Client who accepted the communication of his personal data (and particularly of his email address) to third party partners of the Website, might receive some newsletters from those partners, for commercial purposes or not, to frequencies and in forms determined by those partners.
The Client is able at anytime to unsubscribe clicking on the link provided for this purpose,which is present on each newsletters sent by these partners. The Client still have the possibility to unsubscribe by taking directly contacts with the transmitters of these newsletters.
Plugmystore.com wouldn’t be held responsible of the content, data or form of the newsletters sent by its partners, regardless to the prejudice suffered by the Client. Any complaint, must be formulated directly at the partner who transmits the newsletter.

12th ARTICLE. COMPUTER TECHNOLOGY AND FREEDOM

12.1. Declaration to the French commission for information technology and civil liberties (CNIL) - The treatment controller

The file of Plugmystore.com which contains personal data has been declared to the CNIL with the following number: 1692316v0.

12.2. The voluntary nature of data supply

The Internet users have the free possibility to provide personal information concerning them. The supply of personal information is not essential to navigate on the Website.

12.3. Imperative data supplying for the Subscription

By contrast, the subscription on the present Website means the collect by Plugmystore.com of some personal information concerning the Internet users. The Internet users who do not wish to provide the needed information to subscribe will not be able to purchase products on this Website.

12.4. Respect of the main purpose of the collection of personal data

The personal data collected are the subject of an informatic treatment and they are exclusively reserved to Plugmystore.com. The data collected are essential to the proper administration of the Website, as well as the respect of its contractual obligations by Plugmystore.com. These data are preserved for its unique purpose. Plugmystore.com undertakes to neither use it in another context nor transmitt it to third party, excepting any express agreement with Internet users or a case foreseen by the law. The personal data collected are not the subject of any transfer towards foreign countries.

12.5. Access, adjustment and contestation right

The contact details of every Internet users who subscribed on the Website are saved for a period of 1 year, fair period necessary to the proper administration of the Website and to a normal use of data. These data are preserved in secured conditions, according to the current means of technique, in respect of dispositions with the law on Computer technology and Freedom of January 6th, 1978.
In accordance with this law, the Internet user have access to a contestation, interrogation, access and adjustment right of data they have provided. For this purpose, they just need to make the request to Plugmystore.com, formulating it at the e-mail address: contact@plugmystore.com, or by regular mail at the head office address of Plugmystore.com which is mentioned in the 1st article of the present Terms.

13th ARTICLE. COOKIES AND IP ADDRESS OF THE INTERNET USERS

13.1. Cookies

13.1.1. Subject of cookies implementation

In order to allow to all Internet users, an optimal navigation on the present Website, as well as a better functioning of the different interfaces and applications, Plugmystore.com will be allowed to implement a cookie on the Internet user’s computer station.

13.1.2. Purpose of cookies

The cookies allows to stock information in relation with browsing in the Website (date; page; hours), as well as eventual data typed by the Internet users while they were watching the page (researches, login, email, password). These cookies have vocation to be preserved on the computer station of the Internet user for a varying period of up to 1 year, and they can be read and used by Plugmystore.com when the Internet user will watch again the present Website.

13.1.3. Opposition to cookies implementation

The Internet user has the possibility to block, modify the time window or delete cookies via his browser interface (usually tools or options / privacy). In this case, browsing the current website will not be optimised. If automated deactivation prevents user from using some Services, this malfunction will not create a loss to the internet user who is therefore not entitled to any compensation.

13.1.4. Removal of implemented cookies

The Internet users also have the possibility to remove the cookies implemented on his computer, going to their navigator menu for this purpose (generally, tools or settings / private life or confidentiality). Such action make the Internet user lose the advantage brought by the cookies.

13.2. IP Addresses

13.2.1. Definition and collection of IP addresses

L'The IP address corresponds to series of numbers separated by dots which allows the unique identification of a computer on the Internet network. Plugmystore.com allows himself the right to collect the public IP address of all Internet users. The collection of this IP address will be done anonymously. The IP address of Internet users will be preserved during the period required by the law.

13.2.2. Transmission of IP addresses

Plugmystore.com will have to transmitt all personal data relative to an Internet user to the Police if there is a judicial requisition or to anyone on a judicial decision. The IP address can be subject to the Internet user’s identification in case of communication by the internet provider of this information.

14th RESPONSIBILITY OF PLUGMYSTORE.COM

14.1. Nature of the obligations of Plugmystore.com

Plugmystore.com commits itself to take the necessary care and diligence to supply a Software which quality is conform to the present Terms’ specifications. Plugmystore.com is only subject to an obligation of means concerning the services which make the subject of these specifications. Plugmystore.com neither guarantee the achievement of these results due to the us of this Software by the Client, nor the quality of these results. The Client is the sole responsible for the use of the Software and the results he obtains.

14.2. Force Majeure - Client’s Fault

Plugmystore.com won’t be held responsible in case of force majeur or a Client’s fault, like this present article defines it :

14.2.1. Force majeure

Within the meaning of these Terms, a case of force majeure will be considered enforceable to the Client, in those cases: Hindrance, limitation or disturbance of the Service because of, fire, epidemia, explosion, earthquake, variations of the bandwidth, failure because of the service provider, malfunction of transmission networks, collapse of the facilities, illegal or fraudulent use of passwords, codes, or references provided to the Client, computer piracy, security breach because of the provider of the Website or developers, flooding, power cut, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Plugmystore.com. In Such circumstances, Plugmystore.com will be exempted of the execution of its obligations within the limit of this hindrance; limitation or disturbance.

14.2.2. Client’s Fault

Within the meaning of these Terms, a fault from the Client will be considered enforceable to him, in those cases: The bad use of the Service, fault, negligence, omission, or failure from him or from his attendants, non respect of the advices provided by Plugmystore.com on its website; any disclosure, or illegal use of password, codes and references of the Client, as well as giving wrong information, or the lack of updates of these data in his personal account. The following facts will be as well considered as a Client’s fault: the implementation of any technical process, such as robots or automated requests, which implementation would fit exactly the lettering or to the spirit in these present Terms.

14.3. Technical issues - Hypertexts links

In case of impossibility to accede to the Website, in reason of technical issues of any natures, the Client will not be able to benefit of a damage, et will not pretend to any indemnity. The unavailability, even prolonged and without any limitative period, of one or several online services, can not grant a prejudice for the Clients and can not in any way, give rise to damages and interests from Plugmystore.com.
The hypertexts links available on the Website may link up with other websites. the responsibility of Plugmystore.com would no be held if the content of other websites would contravene to the current legislation. As well, the responsibility of Plugmystore could not be held if the visit by an Internet user, on one of these websites, would cause him a prejudice.

14.4. Damages-interests at the expense of Plugmystore.com

For lack of legal dispositions or contrary regulatories, the responsibility of Plugmystore.com is limited to the direct, personal and sure prejudice suffered from the Client and linked with the failure concerned. Plugmystore.com can not be held responsible, in any case, for indirect damages such as data loss, commercial prejudices, loss of orders, deterioration of the brand image, commercial troubles and loss of benefits or clients. As well and in the same limits, the amount of damages and interests against Plugmystore.com can not, at all events, exceed the price of the Subscription choosen.

15th ARTICLE. CONFIDENTIALITY

The parties should agree to consider as confidential all the information they could know within the frame of the present agreement, concerning their respective business. In particular, all the details regarding the final customers, methods and Data provided to Plugmystore.com, all documents (economical, technical, functional, organizational, etc.) and Data which are provided, all the meetings which he attends and all the documents emitted are considered as confidential information.
The information which are not considered as confidential are those which have been already known by the Parties before the beginning of their contractual relationships -it must be proved by writings- and the information which are published in a document independently written of a disclosure by the parties.
The Parties commit themselves to implement all the relevant resources to keep the confidential details of the other party to whom they will have the access at the time of this contract under the most absolute secret. The parties promise to uphold this obligation by all the social proxies, personal, subcontractor and third contracted party.
The present obligation of confidentiality will take effect from the signature date by the parties. It is valid during a period of 10 years.

16th ARTICLE. INTELLECTUAL PROPERTY

16.1. Website content

The website contents (texts, images, schema , structure, database, software...), property of Plugmystore.com are protected by the copyright laws and the database laws. Any total or partial representation or reproduction, translation, adaptation or transformation made illegally without the permission of Plugmystore.com or its right holders or beneficiaries, constitute a breach of the Books I and III of the Intellectual Property Code and will be likely to lead to legal proceedings for counterfeiting. The contents published on the Website are under intellectual property on an indicative basis, without any guarantee of exactness. Plugmystore.com can never be hold responsible of an omission, an inaccuracy or any mistake included in these information which would be the origin of any direct or indirect damage caused to the Internet user.

16.2. Software License

16.2.1. License

Plugmystore.com grants to the Client, on a non-exclusive basis, a final user license of the Software. The License, is granted for the whole world and for all languages. The License is only about the right to use of the Software, for the sole purpose of its execution, as well as the right to use the Software, excluding :
Any reproduction for commercial use, the release, the rebroadcasting, the distribution, the publication of the Software or the installation of the Software on a computer that does not belong the Client ;
Any representation, even partial, of the Software, especially through online publication or public projections ;
Any translation, adaptation, arrangement or modification of the Software, as well as any export or fusion of this one with other computer applications.
Any compilation, decompilation, dismantling, translation, analysis, reverse engineering of the Software.
The rights to use of the Software are personal and non-assignable. The rights accorded to the Client are exclusively for an unique user, for its own need, excluding any form of supplying to third parties, even to a subsidiary company or a Client of a right or de facto grouping. The Client won't be able to concede all or parts of its rights and obligations resulting of the first contract, whether through the material existence of the objects rights of the present License.

16.2.2. Guarantee

Plugmystore.com doesn't give any other intellectual property guarantee concerning the Software than the eviction of its personal statement, excluding the guarantee of actual eviction of third parties. In the case that an action for counterfeiting would be started against the Client, this one neither couldn't call Plugmystore.com in guarantee, nor claim for a recourse action.

17th ARTICLE. GENERAL PROVISIONS

17.1. Applicable law - Attribution of jurisdiction

The present general Terms and conditions are governed by French law. IN THE HYPOTHESIS OF A DISAGREEMENT WITH A TRADE CLIENT, JURISDICTION IS GIVEN TO THE COMPETENT COURT OF THE HEADQUARTERS OF Plugmystore.com.

17.2. Changes to the present general Terms and conditions

The present general Terms can be modified at any time by Plugmystore.com. The general Terms applicable to the Client are those in force the day of its order or its connection to the present Website, any new connection to his personal account would take validate the acceptance, if necessary, of the new general Terms.

17.3. Informal dispute resolution

Unless clauses of Public Order, any dispute that could occur as part of the execution of the present general Terms and conditions must be submitted to the consideration of Plugmystore.com for the purpose of an amicable solution before any legal action.

17.4. Entirety

The nullity of one of the clauses of the present contract will not lead to the nullity of any other clause of the contract or the contract as a whole, which will keep their full effect and purpose. In such hypothesis, the parties will have to, when feasible, replace the canceled specification by a valid one corresponding to the mindset and purpose of the actual Terms.

17.5. Non-renunciation

The non-exercise of its rights by Plugmystore.com of the rights recognized by the present Terms won't be in any case interpreted as a renunciation to assert those rights.

17.6. Languages of the present general Terms

The original language of the present general Terms is French.

17.7. Abusive Clauses

The specification of the present general Terms applies to the respect of crucial rules of the Consumer Code concerning the abusive clauses in the contracts finalized between a professional and a consumer.

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